Sexual harassment at workplace Bill passed
(The Lok Sabha on Monday passed…)
NEW DELHI: The Lok Sabha on Monday passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2010, without discussion amid uproar over `coalgate' scam.
The Bill, introduced by women and child development minister Krishna Tirath and approved by the Union Cabinet in 2010, covers women workers in the unorganized sector that employ less than 10 people where service rules are not applied. This includes domestic helps.
The Bill, introduced by women and child development minister Krishna Tirath and approved by the Union Cabinet in 2010, covers women workers in the unorganized sector that employ less than 10 people where service rules are not applied. This includes domestic helps.
CPM polit bureau member Brinda Karat said the definition of unorganized sector in the Bill has been lifted from Arjun Sengupta committee's National Commission of Enterprises in the Unorganized Sector report. "According to Vishakha guidelines, all women should be covered by the law. Landlords who employ more than 10 agricultural workers would be outside the ambit of the law," said Karat.
She said it was a gross injustice to agricultural workers who are the single largest female component of work force in the country. An amendment to this effect was moved by CPM MP Sushmita Bauri, but it fell through amid the din by BJP members over `coalgate'.
The Bill also does not cover women in the armed forces, said Karat.
It defines sexual harassment as laid down by the Supreme Court in Vishaka vs. state of Rajasthan (1997) case.
Sexual harassment includes any one or more unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography.
The acts whether directly, or by implication, include any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Lawyer-activist Vrinda Grover said, "I hope the Bill does not have provisions for penalizing the complainant for false complaints. This is the most under-reported crime. Such provision will deter a woman to come forward and complain."
The Bill provides for complaints and redressal mechanism. Every employer is required to constitute an Internal Complaints Committee.
For establishments which employ less than 10 workers, the Bill provides for setting up a five-member local complaints committee (LCC).
Those who do not comply with the Act's provisions will be fined upto Rs 50,000. Repeated violation would be punished with higher penalties and cancellation of licence or registration to conduct business.
http://articles.timesofindia.indiatimes.com/2012-09-04/india/33581408_1_internal-complaints-committee-physical-contact-and-advances-sexually-coloured-remarks
The Bill also does not cover women in the armed forces, said Karat.
It defines sexual harassment as laid down by the Supreme Court in Vishaka vs. state of Rajasthan (1997) case.
Sexual harassment includes any one or more unwelcome acts or behaviour like physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography.
The acts whether directly, or by implication, include any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Lawyer-activist Vrinda Grover said, "I hope the Bill does not have provisions for penalizing the complainant for false complaints. This is the most under-reported crime. Such provision will deter a woman to come forward and complain."
The Bill provides for complaints and redressal mechanism. Every employer is required to constitute an Internal Complaints Committee.
For establishments which employ less than 10 workers, the Bill provides for setting up a five-member local complaints committee (LCC).
Those who do not comply with the Act's provisions will be fined upto Rs 50,000. Repeated violation would be punished with higher penalties and cancellation of licence or registration to conduct business.
http://articles.timesofindia.indiatimes.com/2012-09-04/india/33581408_1_internal-complaints-committee-physical-contact-and-advances-sexually-coloured-remarks
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